Specific Relief Act, 1963, Section 27, 31 -- Sale deed - Suit for cancellation - Conduct of plaintiff found blame worthy between the date of presentation of sale deed for registration and date of filing of the suit including the exchange of correspondence - ITC necessary for registration not produced - Did not honour the agreement embodied in the letter dt.12.8.1971 -..........
Specific Relief Act, 1963, Section 27, 31 -- Sale deed - Suit for cancellation - Conduct of defendant found blame worthy in not paying the balance sale consideration to plaintiff - Used the property to the best of their advantage - Defendant agreed to pay Rs.40 lacs in lump sum within six months to plaintiff - Appeal allowed - Suit dismissed with direction to pay Rs.40..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser without knowledge of subsequent agreement for sale - `A' filed suit for specific performance - It was alleged that on date of registration of sale deed in favour of `B' he filed an application before Sub Registrar for not registering sale but Sub Registrar returned that application to him after making his..........
Rent and Eviction -- Bona fide requirement - SCF (Shop-cum-Flat) - Eviction of tenant from first floor on ground of bona fide requirement - First floor of SCF whether residential or non residential - The expression `shop-cum-flat' does not always mean that the ground floor of the building is meant for shops and the first and the higher floors are residential accommodation..........
Hindu Law -- By a deed out of Court - Cancellation of divorce deed sought alleging it to be obtained by coercion and threat - Customary divorce being an exception to the general law of divorce should be specifically pleaded and established by the party propounding such custom as custom of divorce is contrary to the law of the land - Trial Court to frame an issue and then..........
Transfer of Property Act, 1882, Section 54, 122 -- Sale or gift - Widow executing gift deed on condition that donee should pay certain amount per month towards her maintenance - It is outright sale and not a gift deed...........
Transfer of Property Act, 1882, Section 54 -- Repurchase - Agreement whether confers only an option of repurchase - Agreement that original owner must get sale deed registered after 5 years and before expiry of 6 years from date of original sale - Consideration to be paid also stipulated and that seller shall not receive consideration before expiry of six years - No..........
Specific Relief Act, 1963, Section 20 -- Plaintiff not coming to Court with clean hands since he had falsely claimed that he had not received any amount under the first deed of sale from the seller - Denial of relief of specific performance by second appellate Court - Not proper - Moreover such a question was not relevant to the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No explanation whatsoever available in the plaint as to the situation under which suit filed after a long period of about 40 years - Deed of sale unassailed for a period of over 50 years - Litigation utterly vexatious and abuse of the process of Court - Rejection of plaint justified...........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Minor's property - Sale by mother without permission of Court - Voidable at the instance of minor - Suit filed in 1980 within three years of attaining majority that sale was void ab initio and for actual possession - No prayer made to set aside sale deed - Amendment of plaint in 1985 - By introducing the prayer for..........
